California Brewers Festival (CBF) Terms and Conditions
These Terms and Conditions may be modified at any time and from time to time; the date of the most recent changes or revisions will appear on this page. Continued access to the California Brewers Festival web site or ticket purchasing page by you will constitute your acceptance of any changes or revisions to the Agreement. If you do not agree with the Terms and Conditions, please do not use this web site.
Preview/Sample – DISCLAIMER, TERMS AND CONDITIONS, RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
All Ticket Holders acknowledge that by purchasing or by being provided tickets for CBF, they have fully read this agreement, executed this agreement voluntarily, and that this agreement is to be binding upon all Ticket Holders, all members of Ticket Holder’s party attending CBF, and all Ticket Holder’s heirs, executors, administrators, and representatives.
CBF Organizers: Point West Rotary
CBF Ticket Holder expressly agrees to the following terms and conditions:
• There are NO refunds on tickets for any reason. All sales are final.
• It is understood that some beers will run out before the end of the event.
• CBF organizers have no responsibility (financial or otherwise) for event cancellation, interruption on inconvenience due to inclement weather or other circumstances beyond their control. Ticket Holder is not eligible for any refund due to postponements or cancellation on account of such circumstances.
• Any container, purse, bag or other property in Ticket Holder’s possession is subject to inspection by CBF security while entering event, during event or during departure from event.
• Ticket Holder expressly grants CBF organizers the non-exclusive, irrevocable, transferable, perpetual right and license to publish, print, display, record and use (by photograph, film, video, audio or any other method or device) Ticket Holder’s name, voice, image and likeness while at CBF, and to use such recordings for any purpose and in any medium now known or hereafter devised. Ticket Holder releases CBF organizers from liability for any such uses, including claims for infringement of any privacy, publicity or other rights and other claims of any kind.
• CBF organizers encourage responsible consumption of alcoholic beverages at CBF. If Ticket Holder has any reason to suspect that his/her driving ability may be impaired or will be unsafe, Ticket Holder agrees to arrange for alternate transportation back to Ticket Holder’s destination point (at Ticket Holder’s expense).
DISCLAIMER AND INDEMNIFICATION
In return for Point West Rotary allowing Ticket Holder to voluntarily participate in The California Brewers Festival (CBF), each Ticket Holder agrees:
1. TO ASSUME AND ACCEPT ALL RISKS arising out of, associated with, or related to Ticket Holder’s participating in CBF, even though such risks may have been caused by the negligence of Runnin’ for Rhett;
2. TO BE SOLELY RESPONSIBLE FOR ANY INJURY, LOSS OR DAMAGE which Ticket Holder might sustain participating in CBF, even though such injury, wrongful death, loss or damage may have been caused by the negligence of Runnin’ for Rhett;
3. TO HOLD HARMLESS AND INDEMNIFY Point West Rotary from any and all liability for any damage to the personal property of, or personal injury to, any third party resulting from Ticket Holder’s participation in CBF; and
4. TO INDEMNIFY AND HOLD HARMLESS Point West Rotary, California Brewers Festival, its organizers, associates, directors, officers, employees, volunteers, members, charity, and representatives from any and all claims, demands, actions and costs which might arise out of Ticket Holder’s participating in CBF, even though such claims, demands, actions and costs may have been caused by the negligence of Point West Rotary or California Brewers Festival.
DESCRIPTION OF RISKS
In consideration of Ticket Holder’s voluntary participation in CBF and all activities related to the event, Ticket Holder acknowledges awareness of the possible RISKS, DANGERS AND HAZARDS associated with CBF, including the possible risk of severe or fatal injury to Ticket Holder or others. These risks include but are not limited to the following:
a) intoxication and/or alcohol poisoning from the alcohol that Ticket Holder consumes whether voluntarily or through coercion;
b) the possibility of any type of bodily injury (broken bones, soft tissue damage, dental damages) from falling down, being knocked down or being involved in a physical confrontation whether caused by Ticket Holder or someone else;
c) the risks associated with returning to Ticket Holder’s residence or traveling to any destination after CBF, especially the risks of operating a motor vehicle after consuming alcohol.
In the event a court of competent jurisdiction shall hold any provision of this Agreement to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. This Agreement is the product of negotiations between Point West Rotary and the voluntary participants (Ticket Holders). Ticket Holders hereto acknowledge that they have participated in the negotiation of this Agreement. Furthermore, this Agreement shall not be construed against either Party by reason of such Party having been or having been deemed to have structured, dictated, or drafted this Agreement. The Parties to this Agreement acknowledge that each of the Parties have been given an opportunity to review this Agreement with counsel and that their purchase of CBF tickets represents their voluntary act and evidences their agreement to the terms described herein, each intending to be bound by same.
DISCLAIMER OF RELIABILTIY
By using the California Brewers Festival website or ticket site, you assume all risks associated with the use of the sites, including any risk of your computer, software, or data being damaged by any virus, software, or any other file which might be transmitted or activated via our webpage or your access to it. Point West Rotary and the California Brewers Festival shall not be liable for any special, incidental, or consequential damages, including, without limitation, lost revenues or lost profits, resulting from the use or misuse of the information contained in the Point West Rotary or California Brewers Festival Webpages.
DISCLAIMER ABOUT INFORAMTION ACCURACY
Although every effort has been made to provide complete and accurate information, Point West Rotary and CBF make no warranties, express or implied, or representations as to the accuracy of content on this website. Runnin’ for Rhett assumes no liability or responsibility for any error or omissions in the information contained in the website or the operation of the website.
LINKS TO OTHER WEBSITES
This website contains links to other websites and information provided by persons not affiliated with Point West Rotary or CBF. Such links are not endorsements or referrals of any products, services, or information contained in such websites, and no information in any such website has been endorsed or approved hereby. No claims, promises, or guarantees about the completeness, accuracy, currency, content, or quality of information contained in the links to and from this website are made. Information provided and opinions expressed by others do not necessarily represent the opinion of Point West Rotary or CBF. Point West Rotary and CBF expressly disclaim any and all liability resulting from reliance on such information or opinions.